Number: RS22174
Title: The Federal Consent Decree Fairness Act (S. 489/H.R. 1229) , A Legal Analysis
Authors: Charles V. Dale, American Law Division 
Abstract: The Federal Consent Decree Fairness Act (S. 489/H.R. 1229) would impose durational limits on the effectiveness of "any final order imposing injunctive relief" against state or local governments , or officials thereof sued in their "official capacity" , when that order is based in whole or part upon consent or agreement of the parties. Specific exception is made for private agreements not merged into a judicial decree and final school desegregation orders. Under the proposal, any decree could be modified or vacated on motion of the governmental defendant four years after the decree was originally entered or upon leaving office by the highest elected state or local official who consented to the decree, whichever is less. The burden in any such proceeding would be on the class plaintiff who originally filed the action , or the Department of Justice in cases filed by the federal government , to "demonstrate that the continued enforcement of a consent decree is necessary to uphold a federal right." Moreover, unless the court rules on the motion to vacate within a 90-day period, the consent decree would lapse and defendants would not be bound until a contrary decision is made. The appointment of any special master to oversee the decree would expire at the same time.
Pages: 5
Date: July 20, 2005